Kintu (supra)where Bbosa J seen one to;

Kintu (supra)where Bbosa J seen one to;

Whether the functions features matrimonial possessions of course yes, whether the petitioner is permitted a share throughout the matrimonial property?

A-try was made to help you determine the definition of ‘matrimonial property’ of the Female Fairness Esther Kisakye in the example of Rwabinumi Compared to. Bahimbisomwe Municipal Attract No. 10 out of 2009 where she cited that have approval your situation of Muwanga Against.

She adduced proof pictures indicating this new access of the shop the fresh Fuso vehicle where items was basically laden with certain of your neighbors enjoying this new take action due to the fact EXHP sixteen (a), (b) and you may (c)

“matrimonial property is understood in a different way of the different people. Almost always there is property that few decided to call domestic. There is assets that is certainly received individually because of the for each companion ahead of or shortly after relationships. Then there is assets and that a spouse will get control trust on clan. All these would be to i think qualify differently. The house or property to which each lover should be called would be the fact property hence events decided to phone call domestic and you will which they together subscribe to”.

Depending on the research toward checklist, the latest petitioner testified that upon the girl ire Trade Hub collaborating since a household running an entire deals merchandising shop and later together bought homes out-of a single Hajji Badru Sande which had a property on it. The newest arrangement off sale is actually adduced within the evidence because EXHP1. She subsequent reported that after they gone to live in Rukungiri, they ordered even more items of residential property which includes, home out of a one John Kabareebe, (Exhibit P2), another bought because of the respondent away from John Kabareebe, (Display P3) but another jointly ordered out of F. Mugondo where they depending the brand new matrimonial domestic(get a hold of Showcase P4). She along with shown pictures of the home while the EXHP20 and you will receipts of a few of the items she purchased in the house once the EXHP21 (a), (b) and you can (c). She simultaneously adduced EXHP5 because a binding agreement to possess belongings bought by respondent out-of Mugume Polly about what they have a good banana plantation, EXHP6 due to the fact belongings ordered jointly out-of W. Rushakama that can features an effective banana plantation and you will EXHP7 as the residential property bought of the respondent regarding Nshijja .Grams in which it grown nice potatoes.

The initial lot (EXHP8) that’s found at Nyakihanga is ordered by the petitioner out-of a one Bataringaya, EXHP9 is the agreement with the other piece of land and this is a gift in one Bakasharebwa and you can Kirabo to the respondent and already possess a great banana plantation

The brand new petitioner plus affirmed that couple later on transferred to Kampala and you may in their remain along with her started coping inside the attempting to sell autos away from whose continues it bought a cab which they plus sold out-of and later started running a store. They then ordered 6 items of land a couple of which have house additionally the other individuals plantations. One to EXHP10 was a binding agreement to own land bought of the petitioner away from a single Byangwanye Obed, yet EXHP11 is actually for home ordered as you throughout the college students from the fresh late Levi Butumanya, EXHP12 just like the residential property bought jointly away from Kalumba Faisal that has home-based site from je beautifulpeople zdarma the Nateete and you will EXHP13 since the proof homes within Kiwatule as you ordered of Kalyegira Adone and you will which has house and house.

The fresh petitioner then adduced proof of an agreement (EXHP14) which brand new respondent handed over the store inside the Ntinda to her as well as have adduced proof of receipts toward rent she covered the store because the EXHP15 (a) and you may (b). She testified whenever the brand new respondent premiered out-of prison, the guy bankrupt the store, loaded much of merchandize on it on to a trailer and you may got them to Rwashamire in which he developed several other store, however, later gone the goods in order to Rukungiri. She reported that event because thieves at the Kiira path Cops channel vide SD Ref./2010.